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What is Plantiff's motion for summary judgment in a foreclosure case?
The Plaintiff's motion for summary judgment is asking the court to rule on all pleadings that have been filed in the case. This happens if one of the defendants has filed an response or answer. The Plaintiff will usually ask for judgment when filing a motion for summary judgment.
Can a lanlord still withdraw a case that has been entered as a judgment by default?
No. The judgment has been entered and stands. But your landlord can report to the courts that the judgment has been satisfied which will take it off the open books.ANOTHER VIEW: If YOU are the landlord, you can file a motion with the court to 'vacate the finding' in order to nullify it.
Can they get judgment without you knowing if was filed?
Yes, it happens all of the time, it is called a default judgment. If this has happened to you, call the clerk of the court in your area and ask the procedures and SOL for filing a motion to vacate the judgment due to an error in service.
What is motion to accelerate deferred judgment?
motion to accelerate
How do you garnish someone?
If your not a State or Federal Agency, then you would need to file a lawsuit, win a judgment, and file a Motion for Garnishment with the courts, and typically you must know the information of what you are seeking to garnish.
How do you remove a judgment from your credit report that is not valid?
File a motion to vacate based on that fact. After the judgment is entered there is a SOL for filing that motion.
What type of motion occurs when a judge makes a final decision on the issues of the lawsuit without a trial?
This is likely to occur when a judge grants a motion for summary judgment. The motion asserts that there is no justiciable issue of material fact for the finder of fact (judge or jury) to decide, and that the party filing the motion is entitled to judgment "as a matter of law". Typically, the case has progressed to some degree when a motion for summary judgment is filed and the motion is based upon facts that have been disclosed during the "discovery" process. That is the part of the case when the parties ask questions of each other, request the production of relevant documents, take depositions, etc. Courts hesitate to grant such motions except in the clearest of cases. In the event of a close call, most courts deny the motion and permit the case to go to trial. This outcome may also occur when the court grants a motion for judgment on the pleadings. These motions are determined based primarily upon the pleadings filed by the Plaintiff and the Defendant; respectively, the complaint and the answer. The motion is granted when the complaint does not state a cause of action upon which relief may be granted.
What happens when a motion for summary judgment is granted against you?
I have found that when this is granted, the other party may file objection to, request to readdress, or appeal the judgement.
What is the primary difference between a motion for summary judgment and a motion for judgment as a matter of law at the close of the evidence?
A judgment as a matter of law under Rule 50 occurs during the trial. a summary judgment motion, by contract, muts be made before the trial commences, and is governed by Rule 56.
What is a motion for final judgment?
A motion for final judgment is a motion filed with the court that asks for judgment on the case without a trial. The judge presiding over the case has the power to grant a motion for final judgment.
What is motion for reverse judgment?
A motion for reverse judgment is when a judge sets aside the ruling as if never there. The case would have to be first be appealed in the same court.
Does Motion to vacate judgment means the entire judgment can't be appeal or just the vacated issue?
Unless the judgment is worded to specificallyexclude certain privisions and/or specifically include certain others, just a general motion to vacate refers to the ENTIRE judgment.
